Florida Statutes

Fla. Stat. § 48.041 (2025)

Service on minor.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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48.041 Service on minor.—

(1) Process against a minor who has never been married shall be served:

(a) By serving a parent or guardian of the minor as provided for in s. 48.031 or, when there is a legal guardian appointed for the minor, by serving the guardian as provided for in s. 48.031.

(b) By serving the guardian ad litem or other person, if one is appointed by the court to represent the minor. Service on the guardian ad litem is unnecessary when he or she appears voluntarily or when the court orders the appearance without service of process on him or her.

(2) In all cases heretofore adjudicated in which process was served on a minor as prescribed by any law heretofore existing, the service was lawfully made, and no proceeding shall be declared irregular or illegal if a guardian ad litem appeared for the minor.

History.—ss. 1, 2, ch. 7853, 1919; CGL 4273, 4274; s. 1, ch. 19175, 1939; CGL 1940 Supp. 4274(13); s. 2, ch. 29737, 1955; s. 4, ch. 67-254; s. 1, ch. 84-176; s. 270, ch. 95-147.

Note.—Former ss. 47.23-47.25.

Notes of Decisions

Cited in 14 cases, 1977–2020 · leading case: Bernard Bolender, A/K/A Bernard Bolander v. Harry K. Singletary, Sec'y, Florida Dep't of Corr., 16 F.3d 1547 (11th Cir. 1994).

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Bernard Bolender, A/K/A Bernard Bolander v. Harry K. Singletary, Sec'y, Florida Dep't of Corr., 16 F.3d 1547 (11th Cir. 1994). “Under section 48.041, Florida Statutes (1979), his guardian should have been served.”

Bolender v. State, 422 So. 2d 833 (Fla. 1982). · cites it 2× “Under section 48.041, Florida Statutes (1979), his guardian should have been served.”

Cason Ex Rel. Saferight v. Hammock, 908 So. 2d 512 (Fla. 5th DCA 2005). · cites it 6× “040(a) specify how formal notice is to be given to a minor, we look to section 48.041, Florida Statutes (2003), which provides how service on a minor should be accomplished.”

Godfrey v. Neumann, 373 So. 2d 920 (Fla. 1979). “However, the motion was granted as to Willie because the court found that service upon him was defective in that it failed to comply with the requirements for service upon a minor as prescribed by section 48.041. In International Shoe Co.”

In Re Amendments to Fla. Rules Civ. Proc., 604 So. 2d 1110 (Fla. 1992). “031 (service of process generally), § 48.041 (service on minors), § 48.042 (service on incompetents), § 48.”

In Re Amendments to Rules of Civ. Proc., 536 So. 2d 974 (Fla. 1988). “031 (service of process generally), § 48.041 (service on minors), § 48.042 (service on incompetents), § 48.”

Cmty. Fed. Sav. & Loan Ass'n of the Palm Beaches v. Wright, 452 So. 2d 638 (Fla. 4th DCA 1984). · cites it 4× “As to the type of service of process, appellant takes the position that, where a guardian has been appointed, service may be perfected on a minor by delivering a copy of the process, together with the complaint, petition or other initial pleading, to the guardian.”

Cmty. Fed. Sav. & Loan v. Wright, 452 So. 2d 638 (Fla. 4th DCA 1984). · cites it 4× “As to the type of service of process, appellant takes the position that, where a guardian has been appointed, service may be perfected on a minor by delivering a copy of the process, together with the complaint, petition or other initial pleading, to the guardian.”

Williams v. Richardson, 432 So. 2d 58 (Fla. 3d DCA 1983). · cites it 4× “2d DCA 1962); Section 48.041(1) Florida Statutes (1977).”

Dempsey v. State, 82 So. 3d 928 (Fla. 4th DCA 2011). · cites it 2× “See § 48.041(l)(a), Fla. Stat. (2010) (providing that service of process on a minor may be accomplished by serving a parent or legal guardian).”

Davie v. Calton ex rel. Calton, 453 So. 2d 185 (Fla. 3d DCA 1984). · cites it 4× “1st DCA 1959), by reason of the process server’s failure to comply with the conjunctive and strict requirements of Section 48.041(1), Florida Statutes (1969), 1 see Jones v.”

Jones ex rel. Jones v. Lucks, 349 So. 2d 691 (Fla. 4th DCA 1977). · cites it 3× “” From this statement the trial judge concluded “that the reading requirement of Section 48.041 Florida Statutes ha(d) been satisfied.”

Show all 14 citing cases →

— 48.041(1) — 6 cases

Williams v. Richardson, 432 So. 2d 58 (Fla. 3d DCA 1983). “2d DCA 1962); Section 48.041(1) Florida Statutes (1977).”

Cmty. Fed. Sav. & Loan Ass'n of the Palm Beaches v. Wright, 452 So. 2d 638 (Fla. 4th DCA 1984). “As to the type of service of process, appellant takes the position that, where a guardian has been appointed, service may be perfected on a minor by delivering a copy of the process, together with the complaint, petition or other initial pleading, to the guardian.”

Cmty. Fed. Sav. & Loan v. Wright, 452 So. 2d 638 (Fla. 4th DCA 1984). “As to the type of service of process, appellant takes the position that, where a guardian has been appointed, service may be perfected on a minor by delivering a copy of the process, together with the complaint, petition or other initial pleading, to the guardian.”

Davie v. Calton ex rel. Calton, 453 So. 2d 185 (Fla. 3d DCA 1984). “1st DCA 1959), by reason of the process server’s failure to comply with the conjunctive and strict requirements of Section 48.041(1), Florida Statutes (1969), 1 see Jones v.”

Jones ex rel. Jones v. Lucks, 349 So. 2d 691 (Fla. 4th DCA 1977). “” From this statement the trial judge concluded “that the reading requirement of Section 48.041 Florida Statutes ha(d) been satisfied.”

— 48.041(1)(a) — 1 case

Cason Ex Rel. Saferight v. Hammock, 908 So. 2d 512 (Fla. 5th DCA 2005). “040(a) specify how formal notice is to be given to a minor, we look to section 48.041, Florida Statutes (2003), which provides how service on a minor should be accomplished.”

— 48.041(2) — 2 cases

— 48.041(l)(a) — 1 case

Dempsey v. State, 82 So. 3d 928 (Fla. 4th DCA 2011). “See § 48.041(l)(a), Fla. Stat. (2010) (providing that service of process on a minor may be accomplished by serving a parent or legal guardian).”

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